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To: jlogajan
So the Libertarians believe a law that bans music being played so loud on private property that it disturbs others is constitutional?
19 posted on 04/02/2002 11:25:47 AM PST by Moonman62
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To: Moonman62
So the Libertarians believe a law that bans music being played so loud on private property that it disturbs others is constitutional?

H*ll, slavery was constitutional. So what?

Libertarians believe in property rights and the non-initiation of aggression tenet.

Now it is impossible to live without making some noise. On the otherhand, property owners have some rights to limit noises crossing their property lines.

Clearly a property owner has full freedom to play his or her music as loud as she wants -- in a sound reducing bunker, for instance. But you get property infringments when the sound is so loud as to disturb the reasonable expectation of quietness of the property owner.

A property owner who buys land and builds a home at the end of a commerial jet runway does not have the same reasonable expectation of quietness as does a long held property/home owner where a new airport builds next to her.

Where aspects of activities cause consequences that cross property lines by their very nature (sound propogation) you have to apply reasonable-person tests to the alleged infringements. What would a reasonable-person conclude?

Libertarian ideals are concise (as they should be.) But detractors of concise ideals always assert that they should therefore be as if programable into a computer -- push a button and the proper answer pops out.

That will never be the case, but it is a poor reason to attack concise ideals, since the reasonable-person test allows concise ideals to be strived for.

20 posted on 04/02/2002 1:14:20 PM PST by jlogajan
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